Brady v. Cook

Mississippi Supreme Court April 15, 1891

Brady v. Cook, 68 Miss. 636 (Miss. 1891)

Campbell

Opinion of the Court

Campbell, J.,

delivered the opinion of the court.

We find no reversible error in this record.

The failure of the jury to assess the value of the several bales of cotton separately was not made,a ground for a new trial in the circuit court, and would not have been available, if it had been, because it was shown that the cotton had been sold, and the proceeds received by Mrs. Brady. The reason of the requirement to find the value of each of several articles differing in value is that the defendant or co-obligors in the replevy-boud given *637may make return of tbe thing, if return thereof be adjudged, but when it appears that it has been disposed of and cannot be returned, as in this case, the reason fails.

Affirmed.

Reference

Full Case Name: Susan P. Brady v. John Cook
Status: Published
Syllabus: Replevin. Verdict. Separate valuation; when unnecessary. In replevin -where one party has given hond for the property, a verdict in favor of the other party should assess the value of each of several articles differing in value, in order that the property may be restored or its value paid as assessed. But, if it appears that the party after giving bond has disposed of the property, so that none of it can be returned, a verdict .for the other party assessing the value at an aggregate sum is good.